The Marchman Act

What Is The Marchman Act?

The Marchman Act became law in 1993 in Florida with the purpose of helping people who have lost control of their use of substances. It recognizes the severity of losing control and reaching a point where the individual loses the ability to decide to get help. This implies that they will not seek help voluntarily, and allows addiction treatment to be court-ordered.

Under this law, families can obtain non-criminal, life-saving medical treatment for their loved one. This law bridges the principles of autonomy and the state’s interest in protecting citizens from the consequences of untreated addiction.

How Does The Marchman Act Work?

To initiate the process, a petitioner files a petition with the court clerk in the county where the individual is located. This petition must demonstrate that the person has lost self-control regarding substance use and is likely to inflict harm or lacks the judgment to understand their need for care.

At this point, a judge reviews the evidence. If a “good faith” reason is found, the judge issues an order for involuntary assessment. Next, law enforcement or a designated transport service takes the individual to a licensed facility, where professionals evaluate their condition for up to 5 days. This provides time for stabilization and a full assessment.

Who Can File A Petition?

In Florida, the Marchman Act is available to anyone with direct knowledge of the person’s situation. The most common scenario is for a family member or guardian to start the process; however, any of the following individuals may start the process:

• A spouse or a blood relative
• A legal guardian
• Any three adults with personal knowledge of the individual’s substance use
• A licensed physician, psychologist, or clinical social worker
• The director of a licensed service provider

In emergencies in which an individual poses a direct threat, law enforcement may initiate an emergency admission without a prior court order. This establishes a system of multiple safeguards to intervene before irreparable harm is done to self or others.

How To Use The Marchman Act For A Loved One

Navigating the legal steps of the Marchman Act petition process ensures the individual’s rights are protected while they receive help. Because this involves a temporary deprivation of self-will, the court requires strict adherence to procedure.

The process generally follows these stages:

• Filing the Petition: Visit the county courthouse to file a Petition for Involuntary Assessment and Stabilization.
• The Court Hearing: A judge sets a hearing date, typically within 10 days. A process server or sheriff must serve the individual with a notice to appear.
• Assessment Order: If criteria are met, the judge orders a five-day facility assessment.
• Clinical Evaluation: Professionals evaluate the person’s health and file a report with the court.
• Petition for Treatment: The petitioner may file a second petition for long-term involuntary commitment based on the evaluation.
• Treatment Hearing: The court reviews the assessment and may order treatment for up to 60 days.

This structure ensures both legal and medical experts review the case. It balances the urgency of the crisis with the due process required by law.

What If Someone Wants To Get Out Of A Marchman Act?

An individual facing a Marchman Act petition may contest the action. They are entitled to legal representation; if they cannot afford an attorney, the court will appoint one. They have the right to testify and present evidence, ensuring the process remains fair and transparent.

If an individual believes they no longer meet the criteria, they or their attorney can file a petition for a writ of habeas corpus. Additionally, if the clinical team determines the person is no longer a danger and has regained rational judgment, the facility can recommend release before the order expires. However, leaving against medical advice while under a court order can result in law enforcement returning the person to the facility.

How Long Can You Be Held On The Marchman Act?

The treatment facility determines the length of stay based on the patient’s clinical needs.

The law specifies that the involuntary assessment may last no more than five days. If it is determined that further care is needed, that care can last up to 60 days, which may be extended if the initiator of the petition asks for additional 60-day stays and specific criteria are met.

How Much Does Treatment Under The Marchman Act Cost?

This is a civil medical-legal process that requires payment for services. Legal and medical care are the responsibility of the family and patient:

• Private Insurance: Many insurance plans cover treatment if the facility is in-network.
• Private Pay: Families may pay out of pocket at their chosen facility. Some facilities offer payment plans to help lighten the financial burden.
• Public Facilities: Florida has state-funded facilities for those without means, though waiting lists are common.

Planning and researching are vital before filing a petition. While the court orders treatment, it cannot force a private facility to provide services for free. Coordination between the family and the center is essential.

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Baker Act Vs. Marchman Act

It is useful to understand the differences between the Baker Act and the Marchman Act.

The Baker Act is also a Florida law that focuses on mental health crises. It allows for the involuntary examination of those suspected of having a mental illness that makes them a danger to themselves or others. It usually involves a 72-hour evaluation period.

The Marchman Act is specifically for substance use disorders. It is used when the primary issue is the loss of control over drug or alcohol use. The process is typically longer and focused on rehabilitation. In cases of co-occurring disorders, professionals determine which act is the most appropriate starting point based on the nature of the immediate risk.

Which Treatment Centers Can Be Used For The Marchman Act?

You have the right to select the treatment facility, provided it meets legal criteria. This allows families to find programs that align with the individual’s specific needs. The court typically will not choose the rehab if you have identified a qualified facility.

The facility must meet these criteria:

• Licensure: Licensed by the Florida Department of Children and Families (DCF).
• Level of Care: Offers the level of care required (e.g., detox or residential).
• Acceptance: Willing to handle the legal requirements of an involuntary stay.
• Financials: Has a plan in place to cover costs.

If a family lacks resources, the court refers the individual to a state-designated facility. Choosing a private facility in advance often streamlines the process and ensures a smoother transition for your loved one.

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Finding A Path To Healing

The Marchman Act in Florida is a tool for families who have exhausted other options. It is a reminder that substance use disorders are health conditions that may require intervention. This structured path offers hope that those in crisis can be stabilized and guided toward a healthier future.

If you are concerned about a loved one, it may be time to seek help. You can start by exploring the treatment facilities available to you in our rehab directory or by contacting a treatment provider. Gathering information and understanding the admission steps can make the process more manageable.